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New York strengthens rights of people with disabilities


Several people participated in the activity of the governorate.

Photo: Kevin P. Coughlin/NY Governor’s Office

In commemoration of the 32nd anniversary of the Americans with Disabilities Act, the Governor Kathy Hochul passed a legislative package to defend and strengthen the rights of New Yorkers with disabilities.

This legislative package will serve to enhance autonomy through a Decision-Making Agreement, and plans to educate the public about the myriad ways people with intellectual and developmental disabilities contribute meaningfully to their communities and reduce harmful stigma and stereotypes. .

“With the bills I am signing (Tuesday, July 26), New York State honors the legacy of the ADA by expanding the rights of people with disabilities and combating stigma so people with disabilities can live rich lives. and full. To make New York’s dream a reality, we will continue to make New York inclusive, integrated and accessible to all.”

“People with disabilities have the same rights as everyone else, and 32 years ago, the Americans with Disabilities Act was a critical step in ensuring that people with disabilities could exercise those rights,” said Mr. Lieutenant Governor Antonio Delgado. “Today, New York is going one step further in enabling people with disabilities supported decision-making to ensure that people can and do make their own decisions and are properly supported to do so.”

On her side, the commissioner of the Office for People with Developmental Disabilities, Kerri E. Neifeldstated, “OPWDD is committed to protecting and promoting the rights of people with developmental disabilities to live and work in the communities of their choice and to be free from discrimination.”

Decision making

Among the proposals presented, the legislation (S.7107b/A.8586b) recognizes assisted decision-making as a less restrictive alternative to guardianship that promotes the autonomy of people with intellectual and developmental disabilities and allows them to take an active role in making decisions about their own lives. Historically, when people with disabilities reach adulthood, guardianship has been the main avenue for decision-making.

Assisted decision making changes the landscape by empowering people to make their own decisions with the support of a trusted person in their lives, while ensuring person-centered care and maximizing individual civil rights.

The new law will formalize the legal process by which a person with intellectual and developmental disabilities and trusted people in their life can enter into a written agreement (a “Supported Decision-Making Agreement”) that describes the environments in which they live. whom the person wants support, the types of support they want from each trusted person, and how they want to receive that support. It will also create obligations and corresponding immunity from liability for third parties to honor and carry out supported decisions made using a Supported Decision Making Agreement.

the new laws

  • Legislation (S.7107-B/A.8586-B) related to assisted decision-making for people with intellectual, developmental, cognitive, and psychosocial disabilities.
  • The legislation (S.6300-C/A.7356-C) establishes a public awareness campaign to combat stigma and stereotypes of people with developmental disabilities.
  • The legislation (S.6789-A/A.7882-A) replaces certain instances of the term “mentally retarded” or variations of that term with the term “developmental disability” or variations of that term.
  • The legislation (S.6195-B/A.7443-C) replaces certain references to people with “mental retardation” or “mentally ill” with the term “individuals with a developmental disability.”
  • The legislation (A.7652/S.9335) eliminates the state residency requirement for designated beneficiaries in New York’s ABLE program.

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